Unfortunately, while Erb’s Palsy is a common condition, it is not a benign one. Children suffering from Erb’s palsy can take months to recover and, in some cases, the damage from this type of birth injury is irreversible. If your child is affected by Erb’s palsy and it was caused by the negligence of a medical care provider, you may be eligible to pursue a Philadelphia birth injury claim to cover the resulting damages.
According to information from the National Library of Medicine, Erb’s palsy is one of the most common neurological birth injuries that occurs. Around 0.9 to 2.6 cases of Erb’s palsy occur per 1,000 live births, and significant arm weakness from Erb’s palsy results in 0.4 to 5 cases per 10,000 births.
At Morris Wilson Knepp Jacquette, P.C., we have helped many clients recover substantial damages after a birth injury caused Erb’s palsy. To learn how our Philadelphia Erb’s palsy lawyers can help, give us a call today.
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How Does an Erb’s Palsy Lawyer in Philadelphia Help?
If a child develops Erb’s palsy, it is important to contact an experienced Philadelphia hospital malpractice attorney. At Morris Wilson Knepp Jacquette, P.C., we can help victims:
- Determine if medical negligence caused or contributed to the Erb’s palsy
- Identify defendants who could be liable for Erb’s palsy
- Obtain a certificate of merit necessary to pursue a malpractice claim against a care provider
- Gather evidence, including expert testimony, eyewitness testimony, and medical records, to put together a strong claim
- Stand up to malpractice insurers and large hospitals that try to pay as little as possible for the damage done to your child
Our firm has represented many families facing an Erb’s palsy diagnosis, and we will use our decades of experience when working on your medical malpractice case in Philadelphia.
Who Can Be Held Responsible When Your Child Develops Erb’s Palsy in Philadelphia?
If a medical care provider made mistakes during labor, delivery, or prenatal care, they may be held responsible for the medical malpractice that caused your child’s Erb’s palsy and its long-term effects.
Because medical professionals often act as agents of their employers, a hospital or care facility may also share liability for the damage inflicted under vicarious liability laws.
In most cases, both providers and facilities have medical malpractice insurance. The insurer may make a settlement offer, or an experienced Philly Erb’s palsy lawyer can negotiate a settlement or go to court to get full and fair compensation for victims.
What Compensation Can I Recover After My Child Developed Erb’s Palsy Due to Malpractice?
Pennsylvania law allows families to pursue compensation covering both the financial costs and the personal distress of an Erb’s palsy diagnosis caused by medical negligence during delivery.
Economic damages address financial losses like:
- Past and future medical treatment,
- Physical therapy and occupational therapy
- The anticipated cost of long-term care if your child’s condition is disabling
- Future lost earning capacity if your child’s ability to work as an adult is hindered
- Out-of-pocket expenses for specialized equipment, home modifications, etc.
Non-economic damages cover non-monetary losses that are emotional and psychological in nature; they may include:
- Your child’s pain and suffering
- The emotional toll of living with a permanent physical limitation
- Loss of normal childhood activities that require full use of both arms
- Compensation for the additional caregiving burden placed on parents
The specific value of your family’s claim depends on the unique facts of your situation. Some Erb’s palsy cases improve with early intervention; others result in limited range of motion or complete loss of function in the affected arm. An experienced attorney can help you determine what compensation you can recover and how much your claim is worth.
How Do I Prove an Erb’s Palsy Claim in Philadelphia?
An Erb’s palsy malpractice claim is a specific type of birth injury case in Pennsylvania. Therefore, you’ll need to establish the four elements of malpractice, chiefly:
- That the delivering physician owed your child a duty of care
- That the physician’s actions during delivery deviated from the accepted standard of care
- That this deviation caused the nerve injury
- That your child suffered real, measurable damages as a result.
Erb’s palsy cases often center on whether the delivering physician applied excessive force to the baby’s head or neck during delivery or failed to use appropriate delivery maneuvers when the baby’s shoulder became stuck behind the mother’s pelvic bone.
These are highly technical questions involving advanced obstetric delivery techniques. Accordingly, expert testimony from a qualified obstetrician is required to evaluate whether your physician provided substandard care. Your expert will need to review the labor and delivery records and explain what a reasonably competent physician would have done differently.
Pre-Suit Requirements for Taking Legal Action
Before an Erb’s palsy malpractice case can move forward in Pennsylvania, the law (Pa.R.C.P. 1042.3) requires plaintiffs to file a certificate of merit. This document confirms that a qualified medical expert has reviewed the delivery records and concluded there is a reasonable probability that the physician’s care fell below accepted medical standards and caused your child’s injury. Skipping this process or missing the deadline for this certificate can result in a dismissal of your claim.
Statute of Limitations
Most medical malpractice claims are subject to a two-year filing deadline. However, since Erb’s palsy involves a minor patient, Pennsylvania’s tolling provision under 42 Pa.C.S. § 5533(b) applies. The standard deadline doesn’t begin running until your child turns 18, meaning your child generally has until their 20th birthday to file a claim on their own behalf.
However, you should take action as soon as possible to gather evidence while it’s fresh and assert your claim when it’s strongest.
Common Causes of Erb’s Palsy
Erb’s palsy occurs as a result of damage to the brachial plexus, which is a group of five nerves connecting the spine to the arm and hand.
The brachial plexus nerves allow movement and feeling in the shoulder, arms, and hands. If they do not work properly, a brachial plexus injury results. Erb’s palsy is the most common of those injuries, and it affects the upper nerves.
According to the Cleveland Clinic, Erb’s palsy can result from a brachial plexus injury. There are four types of brachial plexus injuries, including:
- Rupture: This happens when the nerves tear, but do not tear away from the spine.
- Avulsion: This is the most serious kind of Erb’s palsy, and it happens when the brachial plexus nerve rips away from the spine.
- Neuroma: When the nerve has torn and healed, but scar tissue that was left behind puts pressure on the damaged nerve, so it cannot properly conduct signals to the muscles.
- Neurapraxia: When the nerve stretches but doesn’t tear. This type of nerve damage is the most common injury to the brachial plexus.
Erb’s palsy may occur as a result of:
- Improper use of birthing tools during delivery: Shoulder dystocia and neck injuries can occur if a medical professional is too forceful, pulls a baby too quickly from the birth canal, or uses forceps or vacuum extractors improperly.
- Untreated gestational diabetes: Babies born to mothers who have gestational diabetes may have an above-average birth weight, which increases the risk of Erb’s palsy.
- Breech birth: If a baby is positioned feet or bottom first, this can lead to an increased risk of Erb’s palsy because the baby’s shoulders and arms are more vulnerable to injury, and labor tends to be much longer when the baby is positioned this way.
- Prolonged labor: If a mother is in the pushing stage for longer than normal, the baby could experience excess pressure from being trapped in the birth canal for an extended period of time.
Medical care providers can be held accountable if they fail to properly manage these conditions, if they don’t identify risk factors like gestational diabetes or a breech baby when they should, if they allow labor to go on too long, or if they use birthing tools in an unsafe way.
Parents of a baby with Erb’s palsy should contact a Philadelphia Erb’s palsy lawyer to determine if medical negligence played a role in their child’s condition.
Symptoms of Erb’s Palsy
The symptoms of Erb’s palsy vary depending on the severity of the damage to the nerves. According to the Cleveland Clinic, symptoms could include:
- Weakness, paralysis, or limpness in the shoulder, arm, and elbow
- Numbness and tingling in the arm and hands
- The hand is in the waiter’s tip position, where the palm points backward, and the fingers curl
In some cases, recovery is possible with the proper medical care. In other situations, Erb’s palsy is a permanent and lifelong condition that cannot be treated.
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Getting Help From A Philadelphia Erb’s Palsy Lawyer
At Morris Wilson Knepp Jacquette, P.C., our Philadelphia surgical errors attorney will be there for you from day one when inadequate prenatal care or labor and delivery errors cause Erb’s palsy to occur. We don’t charge legal fees unless we recover compensation, and we work hard to show the extent of your losses so you can get the most possible compensation.
Call us today to schedule your free consultation with our Philadelphia Erb’s palsy lawyers to find out what we can do for you.